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CLAIM PROCEDURE


public works contracts

Contractors must protect themselves with the following toward the Agency/Owner WITHIN these timeframes:

   

Public Works Contracts

 

  • The information below will vary by contract and it is important to follow your contract.

  • Notify the Agency as soon as the claim issue arises.

  • Filing time limits usually start from denial date and substantial completion date.

  • Sample of Notices can be found here.

DDC / NYC Comptroller Review

  • These contracts have very short deadlines to commence litigation.

  • The City often tries to drag out negotiations so contractors will miss the deadline and the claim becomes time barred per Article 56. 

  • 7-days of being aware of a delay provide a Notice of Delay. to the Agency.

  • 30-days post Notice of Delay, submit the delay cost calculations.

  • 6-months of certificate of substantial completion, immediately notify TMG and file a lawsuit against the Agency.

  • 5-months of certificate of substantial completion, submit a Final Verified Statement of Claims (FVSC) pursuant to Article 44 and Article 11 containing all claim costs. FVSC must be included with the claim submission. 

  • 30-days of FVSC submission, file a lawsuit against the Agency to expedite the claim review process.

SCA / NYCHA / DASNY

  • Within 6 months of payment denial by the Agency, immediately notify TMG and file a lawsuit against the Agency as per the deadline under Public Authorities Law 1744.

  • Check your contract to see if any shorter notification provisions exist.

  • Notify TMG/Attorney if you are ever unsure about the calculation of a deadline.

Office of General Services (OGS)

  • Within 6 months of time of claim accrual a "Notice of Claim" or a "Notice of Intention to File Claim" must be filed with the Attorney General’s Office .

  • At the latest claim would accrue at substantial completion but it could accrue earlier if the claim is denied earlier.
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